P-I Reporter, October 25, 2008
If the Army tries to court-martial 1st Lt. Ehren Watada a second time, it cannot prosecute him for refusing to deploy to Iraq, a federal judge ruled Tuesday.

Seeking a conviction on that charge -- the most serious that Watada faced -- would constitute double jeopardy, U.S. District Judge Benjamin Settle in Tacoma decided.

Settle agreed with Watada's request by throwing out the charge of missing movement for refusing to deploy with his Fort Lewis-based Stryker Brigade to Iraq in June 2006. Watada said the war was illegal.

Settle also dismissed two specifications of a second charge, of conduct unbecoming an officer, related to statements Watada made against the war and against President Bush. He made the statements at a news conference and in a speech at a Veterans for Peace convention.

If he had been tried and convicted on all charges, Watada would have faced the potential of a six-year prison sentence and a dishonorable discharge.

The judge did not toss out two other specifications of conduct unbecoming an officer that concern interviews Watada gave. Army prosecutors had dropped those specifications before the court-martial.

A military court will have decide whether to pursue those charges.

James Lobsenz, one of Watada's attorneys, said his client is pleased with Tuesday's ruling. Calls by the Seattle P-I to officials at Fort Lewis were not returned.

"We're happy, but it's too early to know what else might happen," Lobsenz said. "It's highly likely (the Army) will appeal the judge's decision."

It is unclear what will happen next, but Lobsenz said he is confident that his client has a strong case should the Army continue to pursue another trial.

Watada became a cause célèbre for the national anti-war movement more than two years ago when he said he would not go to Iraq.

He was the first U.S. military officer to publicly refuse deployment.

Watada's first trial, in February 2007, ended in a mistrial despite his objections.

The military judge, Lt. Col. John Head, declared the mistrial after ruling that Watada did not fully understand a stipulation he had signed before the trial.

After a series of postponements, Watada's attorneys went to the civilian U.S. District Court, arguing that a new court-martial would violate constitutional protections against double jeopardy.

Settle granted a preliminary injunction against a second court-martial in 2007.

Paul Nelson wrote “A Step Behind” as a tribute to our soldiers who have fallen in battle and to those of us who will love them forever. It’s a celebration of the extraordinary legacy they left behind.

As professional songwriters, he wished to share the deep feelings of the song with veterans and their families. He hopes you might send it to your friends. Please click on the link to hear "A Step Behind"

Pray for me, Father, mine is the sin of cowardice

For I do not set myself on fire at the White House gate

To protest murder. I am a glutton for God's blue sky.

Pray for me, Father, for my tax dollars set a banquet for Death

With napalm and daisy cutters and snakelike missiles

That blow apart other men and their wives and children

While I walk secure along the shore of the tranquil sea.

Pray for me, Father, and I will pray for you

I will pray for a church that does not decry an Inquisition

Where men are broken and driven mad in the dungeons

Of Bagram, Kabul, Gitmo and Abu Ghraib

A church of priests that recall Golgotha

As if Jesus and Jesus and Jesus by the thousands

Are not being crucified now by the Masters of War

Are not shuffling home on artificial legs

Are not staring sightless from wheelchairs

In VA hospitals into God's blue sky.

Pray for me, Father, and I will pray for you.